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From artificial intelligence (AI) and machine learning to autonomous vehicles, virtual reality, and cryptocurrency, the rapid evolution of technology shows no sign of slowing down. Companies in the digital technology sector are among the world’s most highly valued companies, with good reason. And businesses in every sector now use digital technology in all kinds of ways, from basic email to sophisticated data analytics.

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Fresh water is becoming a scarce resource in the United States and across the globe as demand continues to rise due to population and business growth. This emergent scarcity means businesses will face more consequences of the complex regulatory and legal frameworks governing water use and water quality.

Michael Best’s Water team understands those issues. We guide clients through the heavily regulated, politically sensitive environment surrounding the management of, investment in, and development of water resources.

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All businesses have to comply with government regulations—some more so than others. Our Regulatory practice is designed to serve clients in heavily regulated industries, such as manufacturing and utility services, as well as across various industries in regulated areas that impact business as a whole, such as environmental regulation.

Roughly 10 months later, on February 9, 2017, one of the first whistleblower suits invoking the new FSMA rule was filed in federal court in the Northern District of Illinois by an employee of Mead Johnson Nutrition Company. The complaint was brought by a former global product compliance director for Mead Johnson who claims she was marginalized and ultimately fired after raising concerns about “serious safety issues” in the manufacturing of the company’s ready-to-use infant formula. After speaking up, she asserts she was retaliated against by being excluded from meetings, withheld from information, and eventually terminated through a reduction-in-force. Her claim was originally filed with OSHA, who, according to the plaintiff, did not issue a final decision in a timely manner.

Under FSMA, employers cannot retaliate against any employee who refuses to engage in actions the employee reasonably believes violate FSMA. The reasonable belief standard has been described as a “good faith belief and/or an objectively reasonable belief” that an employer’s conduct violated the applicable law. This standard is very fact-dependent and can be difficult for employers to defend against because it is based upon the employee’s belief. The employer is often put in the position of having to prove the belief was unreasonable. It is likely that more FSMA-based retaliation suits will be brought in the future by food industry employees who are terminated from their employment. Whether or not these suits will ultimately be successful remains to be seen.

Author

For more than 25 years, Paul has specialized in product liability defense, class action defense, insurance litigation, and complex commercial litigation. He is particularly well known for his work in the class action and food and beverage sectors, where he is a nationally and locally recognized speaker and thought leader on product liability issues and regulatory trends.

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